Delaware General Assembly

Signed 6/24/16

The General Assembly has ended, the current status is the final status.

5/5/16

Hocker

Sen. Lawson
Rep. Dukes

Sen. Bonini, Hall-Long, Lavelle, Pettyjohn, Richardson, F Simpson
Reps. Briggs King, Carson, Gray, Hudson, Jaques, Kenton, Mitchell, Paradee, Schwartzkopf, Spiegelman, Wilson, Yearick

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EROSION AND SEDIMENT CONTROL.

This Act adds provisions to § 4004 of Title 7 to exclude from Chapter 40 of Title 7 land disturbing activities of 1 acre or less of land and to exclude from the requirement for a sediment and stormwater management plan the construction of an agricultural structure construction project subject to a standard plan. If the Department provides for the use of a standard plan in lieu of a detailed sediment and stormwater plan, this Act requires the Department to provide that an agricultural structure construction project with a total land disturbance of 10 acres or less is entitled to a standard plan.Notwithstanding the regulatory power granted to the Department by § 4006(a) through (c) of Title 7, this Act creates § 4006(e) of Title 7 to prohibit the Department of Natural Resources and Environmental Control (“Department”) from promulgating a regulation that relies on a stormwater runoff volume reduction approach. It is the General Assembly’s intent that this prohibition result in the Department repealing the existing Sediment and Stormwater Regulations, § 5101, Title 7 of the Delaware Administrative Code, (“Sediment and Stormwater Regulations”) and replacing them with a responsible state stormwater management program that can be complied with without extensive offset payments.This Act amends§ 4006(d) to make clear that the Department may promulgate regulations only after a public hearing. This Act creates § 4006(f) of Title 7 to require both a regulatory impact statement under § 10404A of Title 29 and a regulatory flexibility analysis under § 10404B of Title 29, even if the Department could otherwise claim an exemption under § 10404A(b)(1) of § 10404B(b)(1) of Title 29.This Act adds “agricultural structure” and “standard plan” as defined terms in § 4002 of Title 7, largely adopting the definition of these terms as used in the Sediment and Stormwater Regulations.This Act makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual.

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